ptsd Inferred Tdiu

[Berta]

I just found in the VBM (2007) NVLSP some unusual information-

Page 1480-

Their point is that some vets who 'inferred' TDIU in some way and if VA ignored the TDIU inference, might be eligible for better EEDs.

"Essentially,when evidence is received that indicates the veteran may be entitled to TDIU,the VA is obligated to develop that claim.If the TDIU claim is pending the VA must adjudicate it like any other claim.If,hwever,it is determined that the TDIU claim was finally adjudicated as part of a claim for increase,even though the issue of TDIU was not specifically discussed,then the only recourse is to attack the decision on the basis of clear and unmistakable error."

I think they are saying- say a vet files for PTSD and DMII in 2002.

Then- only until 2005 does the VA rate him at 70% SC and send him the TDIU form and then they grant TDIU back to the date they get the form back.

But say this vet "inferred" in his original 2002 claim that he had lots of on the job problems and believed he is unable to work due to his PTSD as it made him unable to deal with superiors and he was presently unemployed.

This would be an inferred claim of TDIU that the VA should have adjudicated-as I understand NVLSP- or -if the decision on his claim is final-even if he was granted TDIU but with the 21-8940 form date as the EED- a CUE claim could be prepared to get back the 3 years of retro that-if the CUE is successful-the VA still owes him.

Edited May 24, 2008 by Berta

[william n]

john i got ya but i was under the impression that SC would fair longer in the system so I filed for NSC first as I was broke and would fair better on that claim and have an income while i fought for SC..Now that i present my SC claim w/SMR's will they allow be too backdate, being they awarded me NSC for SC i never claimed originally..Make sense?? Happy Memorial Day<THX U..Peace William n You would think lookin at my file they would say too themselves..WOW, he,s SC lets take care of him!!lol lol

Edited May 25, 2008 by williamn

[free_spirit_etc]

Yeah. I have read posts where people say you can get a lot of information from your C-file copy - notes the rater wrote, underlines, things that let you know what they were paying attention to.

There's none of that in my husband's file. It's like they would get some evidence, lose a few pages, and file the rest away...

Free

Larry,

I agree -- I feel pretty sure many VA errors happen because no one at VA actually read

what the vet or VSO sent in. Even if someone at VA does read it then the next problem I see

is they don't connect the dots, meaning the evidence that is of record.

carlie

[john999]

William

If you NSC pension was for things that now will be SC and if you had claim in the system for SC at the time you got the NSC pension I think your ED for SC TDIU should be the date you got your NSC pension. Because, if I understand you, you got the NSC pension for the same thing you will be getting TDIU for when you win appeal. What it is going to be is if their is anything in your NSC pension that is not SC the VA will pounce on that and say that your TDIU should be the date it was determined you were totally disabled due soley to SC conditions. They did something similar to me. You can win it if you can show that your SC conditions were enough to totally disabled you at the time you got the NSC pension. This is what Betty is trying to do.

[Pete53]

This is very important and in my mind would include Veterans who had SSD for a long time before they were awarded service connection with a date later than the SSD.

The VA is not good for Veterans in helping get the best date for paying a Veteran.

[Berta]

A vet friend of mine was NSC due to Manic Bi polar with a SC claim he was fighting for service connection.

Since SSA had awarded him solely for bi polar -he was eligible for the VA NSC pension byt ehy would have awarded him if his income had been limited.

Long story-

it was difficult to work with him as to the evidence he needed-

a very good friend and very smart man-but his disabilty interferred with his ability to focus properly on his claim.

The VA awarded him 100% P & T twelve years after his original claim was filed-

he had managed to fight the claim all that time.

As I recall it went back to either the SSA award date or the NSC award date.

Just as John said- and this makes sense.

[william n]

William

If you NSC pension was for things that now will be SC and if you had claim in the system for SC at the time you got the NSC pension I think your ED for SC TDIU should be the date you got your NSC pension. Because, if I understand you, you got the NSC pension for the same thing you will be getting TDIU for when you win appeal. What it is going to be is if their is anything in your NSC pension that is not SC the VA will pounce on that and say that your TDIU should be the date it was determined you were totally disabled due soley to SC conditions. They did something similar to me. You can win it if you can show that your SC conditions were enough to totally disabled you at the time you got the NSC pension. This is what Betty is trying to do.

John,Pete,Berta, eveyone.. thanks..im still waiting for their descision at the RO level..i hate counting my chickens first, but in this case it is one thing that keeps me trudging along, along with this site. I did not have a claim in at the time for SC while i waited for NSC but rather filed my SC Claims 3 days after my award for NSC..did not want to confuse them. Which seems pretty easy to do.I did folow peoples suggestions and placed it in a binder with tabs, table of contents, all outlining my evidence and dx.'s...Idiot proof? We'll see...Thanks again everyone..Happy Memorial Day Weekend. William n

Edited May 25, 2008 by williamn